BILL NUMBER: AB 1675	CHAPTERED  10/10/99

	CHAPTER   960
	FILED WITH SECRETARY OF STATE   OCTOBER 10, 1999
	APPROVED BY GOVERNOR   OCTOBER 10, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 9, 1999
	PASSED THE SENATE   SEPTEMBER 7, 1999
	AMENDED IN SENATE   JULY 12, 1999
	AMENDED IN SENATE   JULY 6, 1999
	AMENDED IN ASSEMBLY   MAY 28, 1999

INTRODUCED BY   Committee on Judiciary (Kuehl (Chair), Aroner,
Corbett, Hertzberg, Jackson, Longville, Shelley, and Steinberg)

                        MARCH 16, 1999

   An act to amend Sections 425.16 and 904.1 of the Code of Civil
Procedure, relating to civil actions, and declaring the urgency
thereof, to take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1675, Committee on Judiciary.  Civil procedure.
   Existing law provides that a cause of action against a person
arising from any act of that person in furtherance of the person's
right of petition or free speech under the United States or
California Constitution in connection with a public issue, as
specified, shall be subject to a special motion to strike, unless the
court, after considering the pleadings and supporting and opposing
affidavits, determines that there is a probability that the plaintiff
will prevail on the claim.
   This bill would provide that an appeal may be taken directly from
an order granting or denying such a special motion to strike to the
court of appeal, as specified.  The bill would also require any party
who files or opposes such a special motion to strike, to promptly
transmit various documents related thereto, to the Judicial Council
by e-mail or fax, and would require the Judicial Council to maintain
a public record of this information for at least 3 years.
   This bill would declare that it is to take effect immediately as
an urgency statute.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 425.16 of the Code of Civil Procedure is
amended to read:
   425.16.  (a) The Legislature finds and declares that there has
been a disturbing increase in lawsuits brought primarily to chill the
valid exercise of the constitutional rights of freedom of speech and
petition for the redress of grievances.  The Legislature finds and
declares that it is in the public interest to encourage continued
participation in matters of public significance, and that this
participation should not be chilled through abuse of the judicial
process.  To this end, this section shall be construed broadly.
   (b) (1) A cause of action against a person arising from any act of
that person in furtherance of the person's right of petition or free
speech under the United States or California Constitution in
connection with a public issue shall be subject to a special motion
to strike, unless the court determines that the plaintiff has
established that there is a probability that the plaintiff will
prevail on the claim.
   (2) In making its determination, the court shall consider the
pleadings, and supporting and opposing affidavits stating the facts
upon which the liability or defense is based.
   (3) If the court determines that the plaintiff has established a
probability that he or she will prevail on the claim, neither that
determination nor the fact of that determination shall be admissible
in evidence at any later stage of the case, and no burden of proof or
degree of proof otherwise applicable shall be affected by that
determination.
   (c) In any action subject to subdivision (b), a prevailing
defendant on a special motion to strike shall be entitled to recover
his or her attorney's fees and costs.  If the court finds that a
special motion to strike is frivolous or is solely intended to cause
unnecessary delay, the court shall award costs and reasonable
attorney's fees to a plaintiff prevailing on the motion, pursuant to
Section 128.5.
   (d) This section shall not apply to any enforcement action brought
in the name of the people of the State of California by the Attorney
General, district attorney, or city attorney, acting as a public
prosecutor.
   (e) As used in this section, "act in furtherance of a person's
right of petition or free speech under the United States or
California Constitution in connection with a public issue" includes:
(1) any written or oral statement or writing made before a
legislative, executive, or judicial proceeding, or any other official
proceeding authorized by law; (2) any written or oral statement or
writing made in connection with an issue under consideration or
review by a legislative, executive, or judicial body, or any other
official proceeding authorized by law; (3) any written or oral
statement or writing made in a place open to the public or a public
forum in connection with an issue of public interest; (4) or any
other conduct in furtherance of the exercise of the constitutional
right of petition or the constitutional right of free speech in
connection with a public issue or an issue of public interest.
   (f) The special motion may be filed within 60 days of the service
of the complaint or, in the court's discretion, at any later time
upon terms it deems proper.  The motion shall be noticed for hearing
not more than 30 days after service unless the docket conditions of
the court require a later hearing.
   (g) All discovery proceedings in the action shall be stayed upon
the filing of a notice of motion made pursuant to this section.  The
stay of discovery shall remain in effect until notice of entry of the
order ruling on the motion.  The court, on noticed motion and for
good cause shown, may order that specified discovery be conducted
notwithstanding this subdivision.
   (h) For purposes of this section, "complaint" includes
"cross-complaint" and "petition," "plaintiff" includes
"cross-complainant" and "petitioner," and "defendant" includes
"cross-defendant" and "respondent."
   (i) On or before January 1, 1998, the Judicial Council shall
report to the Legislature on the frequency and outcome of special
motions made pursuant to this section, and on any other matters
pertinent to the purposes of this section.
   (j) An order granting or denying a special motion to strike shall
be appealable under Section 904.1.
   (k) (1) Any party who files a special motion to strike pursuant to
this section, and any party who files an opposition to a special
motion to strike, shall, promptly upon so filing, transmit to the
Judicial Council, by e-mail or fax, a copy of the endorsed-filed
caption page of the motion or opposition, a copy of any related
notice of appeal or petition for a writ, and a conformed copy of any
order issued pursuant to this section, including any order granting
or denying a special motion to strike, discovery, or fees.
   (2) The Judicial Council shall maintain a public record of
information transmitted pursuant to this subdivision for at least
three years, and may store the information on microfilm or other
appropriate electronic media.
  SEC. 2.  Section 904.1 of the Code of Civil Procedure is amended to
read:
   904.1.  (a) An appeal, other than in a limited civil case, is to
the court of appeal.  An appeal, other than in a limited civil case,
may be taken from any of the following:
   (1) From a judgment, except (A) an interlocutory judgment, other
than as provided in paragraphs (8), (9), and (11), (B) a judgment of
contempt that is made final and conclusive by Section 1222, or (C) a
judgment granting or denying a petition for issuance of a writ of
mandamus or prohibition directed to a municipal court or the superior
court in a county in which there is no municipal court or the judge
or judges thereof that relates to a matter pending in the municipal
or superior court.  However, an appellate court may, in its
discretion, review a judgment granting or denying a petition for
issuance of a writ of mandamus or prohibition, or a judgment or order
for the payment of monetary sanctions, upon petition for an
extraordinary writ.
   (2) From an order made after a judgment made appealable by
paragraph (1).
   (3) From an order granting a motion to quash service of summons or
granting a motion to stay or dismiss the action on the ground of
inconvenient forum.
   (4) From an order granting a new trial or denying a motion for
judgment notwithstanding the verdict.
   (5) From an order discharging or refusing to discharge an
attachment or granting a right to attach order.
   (6) From an order granting or dissolving an injunction, or
refusing to grant or dissolve an injunction.
   (7) From an order appointing a receiver.
   (8) From an interlocutory judgment, order, or decree, hereafter
made or entered in an action to redeem real or personal property from
a mortgage thereof, or a lien thereon, determining the right to
redeem and directing an accounting.
   (9) From an interlocutory judgment in an action for partition
determining the rights and interests of the respective parties and
directing partition to be made.
   (10) From an order made appealable by the provisions of the
Probate Code or the Family Code.
   (11) From an interlocutory judgment directing payment of monetary
sanctions by a party or an attorney for a party if the amount exceeds
five thousand dollars ($5,000).
   (12) From an order directing payment of monetary sanctions by a
party or an attorney for a party if the amount exceeds five thousand
dollars ($5,000).
   (13) From an order granting or denying a special motion to strike
under Section 425.16.
   (b) Sanction orders or judgments of five thousand dollars ($5,000)
or less against a party or an attorney for a party may be reviewed
on an appeal by that party after entry of final judgment in the main
action, or, at the discretion of the court of appeal, may be reviewed
upon petition for an extraordinary writ.
  SEC. 3.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect.  The facts constituting the necessity are:
   In order to protect the constitutional rights of individuals to
free speech, it is necessary that this act take effect immediately.
